1. Heard Mr Page, learned Counsel for the applicant. None for the respondent No.1. Perused the impugned judgment.

2. The applicant had filed the complaint under section 138 of Negotiable Instruments Act against respondent No.1, who is the Medical Practitioner. It is admitted fact that She had taken loan of Rs.3 lakh from the present applicant for construction of her hospital. According to the complainant, she had repaid the amount of Rs. 2 Lakh by two separate cheques and those cheques were encashed. However, 3rd cheque, which was issued on 16/8/2004 for balance amount of Rs.1 lakh was presented to the bank for encashment but was dishonoured for want of sufficient funds. He issued notice but in spite of that respondent did not make the payment. Thereafter he lodged complaint under Section 138 of Negotiable Instruments Act. Plea of respondent No.1 was that she had taken the loan at exorbitant interest at the rate of 5% per month and she was paying amount of Rs.15,000/- as interest per month. In the beginning itself, She had given three separate cheques to the applicant, as a security to the loan amount. Out of them, two cheques were presented by him and were encashed. Accord